Subject: Review and amend current rules to extend temporary permit for first time test takers
from 60 days to 90 days to accommodate the new national examination fixed date testing;
amend multiple passing score criteria for pre-1996 test takers to simply passing
an exam approved by the board; change the late charge for a lapsed license fee to
a single charge instead of a late charge for each year lapsed; broaden approved
CE to include credit for other activities such as performing as a Clinical Instructor
or for writing an published article; publish the Board’s adopted sanction
matrix into rule for practicing with a lapsed license and non-compliance with CE
regulations; and clarify the need for performing an initial evaluation in the standards
to initiate physical therapy; and other housekeeping items.

Rules
Coordinator: James Heider—(971) 673-0203

848-010-0015

Examinations

(1) Examinations
for licensing of physical therapists and of physical therapist assistants shall
be provided by an examination service approved by the Board. The overall passing
score shall be based on a formula using the criterion-referenced scoring system.
An applicant may sit for the examination a maximum of three times in any jurisdiction
within a 12-month period, measured from the date of the first examination.

(2) All
completed applications for examination, the non-refundable examination fee and other
necessary forms must be approved by the Board prior to the scheduling of each examination
in Oregon. For applicants taking the examination in another state or territory of
the United States, or other Board approved location, and applying to Oregon for
licensure by examination, all completed applications, the non-refundable fee and
other necessary forms must be approved by the Board prior to licensure.

(3) Unless
qualified for licensure by endorsement under OAR 848-010-0022, a foreign educated
physical therapists must submit directly to the Board, prior to obtaining an application:

(a) A
Credentials Evaluation Statement (“the Report”) of professional education
and training prepared by a Board-approved credentials evaluation agency. It is the
applicant’s responsibility to pay the expenses associated with the credentials
evaluation.

(A) The
Report must provide evidence and documentation that the applicant’s education
outside a state or territory of the United States is substantially equivalent to
the education of a physical therapist who graduated from an accredited physical
therapy education program approved by the Board pursuant to ORS 688.050(2).

(B) To
determine substantial equivalency, the approved credentialing evaluation agency
shall use the appropriate Course Work Tool (“CWT”) adopted by the Federation
of State Boards of Physical Therapy. The appropriate CWT means the CWT in place
at the time the foreign educated physical therapist graduated from their physical
therapy program.

(b) English
Language Proficiency

(A) Verification
that English is the native language of the country of origin, and the physical therapy
program employs English as the language of training; or

(B) Verification
that the applicant has achieved a score of not less than 560 on the paper Test of
English as a Foreign Language (TOEFL) or a score of not less than 220 on the computer
Test of English as a Foreign Language (TOEFL), a score of not less than 50 on the
Test of Spoken English (TSE) and a score of not less than 4.5 on the Test of Written
English (TWE); or

(C) Verification
that the applicant has achieved the following minimum scores for each category of
the new internet based TOEFL (ibTOEFL) examination: writing, 24; speaking, 26; reading,
21; listening, 18; with an overall score of not less than 89.

(c) If
applicant has taken a Board-approved national licensing examination prior to application
for licensure in Oregon, a report of applicant’s examination scores must be
submitted to the Board directly from the Board-approved examination service.

(d) If
applicant holds or has held a license in the country in which the applicant received
their physical therapy education, the applicant must provide primary source verification
of the license.

(e) For
purposes of section (3) of this rule, the requirements and criteria considered for
credentialing will be “as of” the date the most recent credentialing
report was received by the Board from the Board-approved credentialing agency.

(4) The
Examination must be given in the English language.

(5) No
person shall be allowed to take the physical therapist examination or physical therapist
assistant examination for licensure in Oregon until all academic requirements are
completed.

(6) The
examination will be administered at a location approved by the Board.

(7) Any
applicant who has graduated from an approved school of physical therapy and passed
a Board-approved examination or a Board-approved equivalent examination more than
five years prior to application for licensure in the State of Oregon and who has
not been actively licensed in any other state or territory of the United States
for a five year period must demonstrate competence to practice physical therapy.
If the applicant fails to demonstrate competence, the Board may require the applicant
to serve an internship under a restricted license or satisfactorily complete a refresher
course approved by the Board, or both, at the discretion of the Board. The Board
may also require the applicant to pass an examination approved by the Physical Therapist
Licensing Board as provided in OAR 848-010-0015.

(6) For
applicants examined prior to January 1, 1961, the passing of an examination of the
American Registry of Physical Therapists, or the passing of a written examination
which in the opinion of the Board is substantially equivalent to the examination
of the American Registry of Physical Therapists.

(1) The Board
may issue a temporary permit to practice as a physical therapist or physical therapist
assistant the period specified below to an applicant who meets the requirements
of this rule.

(a) A
person who has completed a CAPTE accredited physical therapist or physical therapist
assistant program in a state or territory of the United States and who is applying
for the first time to take the licensing examination in Oregon may be issued a temporary
permit for a period of 90 calendar days. Such applicant shall:

(A) Submit
a completed application for license by examination and pay the required fee;

(B) Submit
a completed application for a temporary permit and pay the required fee; and

(b) A
person who holds a valid current license to practice in another state or territory
of the United States may be issued a temporary permit for a period of 60 calendar
days. Such applicant shall:

(A) Provide
written primary source verification of current licensure in another state or territory;

(B) Submit
a completed application for license by endorsement and pay the required fee;

(C) Submit
a completed application for a temporary permit and pay the required fee;

(D) Submit
a Board Certificate of Professional Education providing primary source verification
of completion of a CAPTE accredited physical therapist or physical therapist assistant
program; and

(E) Have
passed the physical therapist or physical therapist assistant examination as provided
in OAR 848-010-0020(5).

(c) A
person who is a foreign educated physical therapist who has graduated from a CAPTE
accredited physical therapist program may be issued a temporary permit for a period
of 60 calendar days. Such applicant shall:

(A) Submit
a completed application for license by examination or endorsement and pay the required
fee;

(B) Submit
a completed application for a temporary permit and pay the required fee;

(C) Submit
a Board Certificate of Professional Education providing primary source verification
of completion of a CAPTE accredited physical therapist program; and

(D) Submit
proof of passing scores on the TOEFL, TSE and TWE tests or ibTOEFL test. However,
this requirement does not apply if the physical therapist program was taught in
English and English is the national language of the country where the physical therapist
program was taught.

(2) A
person who holds a temporary permit must practice under supervision as provided
in this rule.

(3) A
person who holds a temporary permit issued under subsection (1)(a) or (1)(c) of
this rule must practice under on-site supervision, which means that at all times
a supervising therapist is in the same building and immediately available for consultation.
Entries made in the patient record by a temporary permit holder must be authenticated
by the permit holder and by a supervising therapist.

(4) A
person who holds a temporary permit issued under subsection (1)(b) of this rule
must practice under general supervision, which means that at all times a supervising
therapist must be readily available for consultation, either in person or by telecommunication.

(5) As
used in this rule, “supervising therapist” means an Oregon licensed
physical therapist if the permit holder is a physical therapist or a physical therapist
assistant. “Supervising therapist” also means an Oregon licensed physical
therapist assistant if the permit holder is a physical therapist assistant. A physical
therapist assistant may not supervise a physical therapist permit holder.

(6) If
a physical therapist assistant is supervising a physical therapist assistant permit
holder, a physical therapist must be readily available for consultation, either
in person or by telecommunication, as provided in OAR 848-015-0020.

(7) Within
five (5) working days of beginning practice the permit holder must submit to the
Board a completed “Temporary Permit Letter from Employer” form. The
permit holder must notify the Board of any change in employment during the period
of the temporary permit by submitting a new “Temporary Permit Letter from
Employer” within five (5) working days.

(8) A
temporary permit issued under this rule shall terminate automatically by operation
of law if the permit holder fails the Board-approved national licensing examination
or the person’s score on the Board-approved national licensing examination
taken for purposes of licensure in another state or territory does not meet Oregon
Board requirements. A permit holder must return the permit certificate to the Board
immediately, by a method that provides delivery verification, upon notification
that the permit has terminated.

(9) The
Board may refuse to issue a temporary permit to an applicant or may revoke a permit
after issuance on any of the grounds set out in OAR 848-010-0044 or 848-045-0020.
A person whose permit is revoked must return the certificate to the Board immediately
by a method that provides delivery verification.

(10) A
permit holder whose permit has terminated or has been revoked is not eligible to
apply for another permit.

(11) A
person who has taken and failed the Board-approved national licensing examination
is not eligible to apply for a temporary permit. A person who has failed and has
not subsequently passed the national licensing examination in another state, or
whose score on the examination taken for purposes of licensure in another state
or territory does not meet Oregon Board requirements, is not eligible to apply for
a temporary permit.

(12) In
its discretion the Board may grant one 60 calendar day extension to a person who
holds a temporary permit.

(13) A
person who holds a temporary permit issued under this rule is subject to all statutes
and rules governing a licensee.

(1) Any license
that is not renewed before April 1 of each year shall automatically lapse. No person
whose license has lapsed shall practice until the license is renewed. Failure to
receive a renewal notice shall not excuse any licensee from the requirements of
renewal. The Board may renew any lapsed license upon payment of all past unpaid
renewal fees, payment of a single lapsed license renewal fee as provided in OAR
848-005-0020(1)(e) and, if applicable, documentation of completion of the continuing
education requirements as provided in 848-035-0020(5). An applicant whose license
has lapsed for non-completion of the continuing education requirements may reinstate
the lapsed license upon completion of the requirements for the immediately prior
certification period. Courses taken after March 31 of the even-numbered year to
fulfill the requirements necessary to reinstate the lapsed license shall apply only
to the prior certification period.

(2) In
the event that an applicant’s Oregon physical therapy license has lapsed for
five or more consecutive years, the applicant must demonstrate competence to practice
physical therapy. If the applicant fails to demonstrate competence, the Board may
require the applicant to serve an internship under a restricted license or satisfactorily
complete a refresher course approved by the Board, or both, at the discretion of
the Board. The Board may also require the applicant to pass an examination approved
by the Physical Therapist Licensing Board as provided in OAR 848-010-0015.

(3) If
the applicant holds a current physical therapist or physical therapist assistant
license in another state or jurisdiction and the applicant’s Oregon license
has lapsed for five or more consecutive years, the applicant may apply for a license
by endorsement as provided in OAR 848-010-0020.

(1) A licensee
may satisfy the requirements of this division 35 by taking continuing education
which may include but is not limited to:

(a) Courses,
seminars, activities, and workshops sponsored, certified, or approved by an established
and recognized medical or dental health-related organization or professional association
recognized by the Board;

(b) Courses
or activities approved for continuing education by other states which require continuing
education for physical therapists or physical therapist assistants;

(d) Courses
provided by an accredited institution of higher education other than courses taken
as part of the curriculum requirements of a CAPTE accredited physical therapy program;

(e) Individual
study courses requiring an examination and recognized by an accredited institution
or recognized health-related organization or professional association recognized
by the Board;

(f) Courses
in cardiopulmonary resuscitation (CPR) however, continuing education credit will
be limited to one hour, regardless of the length of the course;

(g) Courses
or lectures which a licensee presents if the course or lecture presented awards
continuing education units or hours to participants and the licensee requests continuing
education credit from the Board;

(A) The
licensee may receive continuing education units or hours equivalent to the actual
credit hours awarded to participants for that portion of the program which the licensee
presents;

(B) The
maximum cumulative credit granted for presenting courses or lectures shall be no
more than one half of the total continuing education requirement during any certification
period (ie: 12 hours for physical therapists and 6 hours for physical therapist
assistants) and;

(C) A
licensee may receive credit for presenting a particular course or lecture only one
time during any certification period, regardless of how many times the licensee
presents that course or lecture;

(h) Publishing
an article in a peer review journal,

(A) The
maximum credit granted for publishing an article shall be one half of the total
continuing education requirement during any certification period (i.e.: 12 hours
for physical therapists and 6 hours for physical therapist assistants).

(B) A
licensee may receive credit for publishing an article only one time during any certification
period;

(i) Serving
as a certified clinical instructor as follows:

(A) A
licensee who has completed a Board-approved clinical instructor certification program
may receive continuing education credit equivalent to 1 credit hour for each 40
hours of direct clinical instruction to a physical therapist student or physical
therapist assistant student enrolled in a physical therapy or physical therapy assistant
program.

(B) The
maximum cumulative credit granted for serving as a clinical instructor shall be
no more than one-third of the total continuing education requirement during any
certification period (ie. 8 hours for a physical therapist or 4 hours for a physical
therapist assistant.)

(C) The
licensee must obtain a letter or certificate from the student’s academic institution
verifying that the licensee has completed the course of clinical instruction; and

(j) Courses
or activities approved by the Board by special request.

(2) Activities
which will not satisfy the continuing education requirement include:

(a) In
service programs or required workplace orientation, training or competencies;

(b) Professional
association meetings for purposes of business or policy decisions making;

(c) Entertainment
or recreational meetings; or

(d) Attending
meetings, holding office, or representing a professional association as a lobbyist
or delegate.

(1) In order
to qualify for credit against the required hours, a continuing education course
or activity must include a completion certificate. The certificate must include
the title of the course or activity, the name of the sponsor or speaker, date of
completion, number of hours and licensee’s name.

(2) The
licensee is responsible for obtaining a [course] completion certificate from the
sponsor or speaker. The licensee is further responsible for retaining the certificate
in the event the Board requires the licensee to produce documentation of completion
of the continuing education requirement. All completion certificates shall be retained
for a minimum of four (4) years from the certificate date.

(3) A
licensee who is seeking to receive credit for serving as a clinical instructor is
responsible for obtaining a letter or certificate of completion from the academic
institution for which the licensee served as a clinical instructor.

(4) The
Board may require all or any percentage of physical therapists and physical therapist
assistants who are renewing their licenses in the even numbered year to provide
documentation of completion of the continuing education requirements of this division
35.

(1) Prior to
initiating the first physical therapy treatment, a physical therapist shall perform
an initial evaluation of each patient and determine a plan of care as provided in
OAR 848-040-0135.

(2) For
purposes of subsection (1) of this section, a physical therapist shall perform a
separate initial evaluation under the following circumstances:

(a) The
patient is returning to care after being discharged from therapy; or

(b) The
patient is new to an inpatient or outpatient facility or home health agency.

(3) In
the course of performing an initial evaluation the physical therapist shall examine
the patient, obtain a history, perform relevant system reviews, assess the patient’s
functional status, select and administer specific tests and measurements and formulate
clinical judgments regarding the patient. A physical therapist may incorporate by
reference medical history or system review information about the patient prepared
by another licensed health care provider and available in the physical therapy treatment
record, IEP, IFSP or other designated plan of care.

(4) Only
a physical therapist may perform an initial evaluation. A physical therapist shall
not delegate the performance of an initial evaluation to a physical therapist assistant
or to an aide.

(1) If a licensee
practices in a manner detrimental to the public health and safety or engages in
illegal, unethical or unprofessional conduct as defined by the statutes and OAR
848-045-0020(2), the Board, after notice and opportunity for hearing as provided
in ORS 688.145, may:

(a) Suspend
or revoke a license or temporary permit.

(b) Impose
a civil penalty not to exceed $5,000,with the penalty for non-compliance with continuing
education requirements to be as provided in the penalty schedule set out in Appendix
A of these rules, and the penalty for practicing with a lapsed license to be as
provided in the penalty schedule set out in Appendix B of these rules.

(c) Impose
probation with conditions.

(d) Impose
conditions, restrictions or limitations on practice.

(e) Reprimand
the licensee.

(f) Impose
any other appropriate sanction, including assessment of the reasonable costs of
a proceeding under ORS 688.145 as a civil penalty. Costs include, but are not limited
to, the costs of investigation, attorney fees, hearing officer costs and the costs
of discovery.

(2) A
disciplinary sanction imposed against a licensee shall be generally consistent with
sanctions imposed by the Board against other licensees in substantially similar
cases.

(3) If
a licensee has a mental, emotional or physical condition which impairs the licensee’s
ability or competency to practice physical therapy in a manner consistent with the
public health and safety, the Board, after notice and opportunity for hearing as
provided in ORS 688.145, may suspend or revoke the license or temporary permit,
impose probation with conditions, or impose conditions, restrictions or limitations
on practice.

(4) As
used in this rule, “licensee” includes a temporary permit holder.

Notes1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.